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Consultations requested — no panel established nor settlement notified
Complaint by Chinese Taipei.
On 28 October 2004, Chinese Taipei requested
consultations with India concerning the provisional and definitive
anti-dumping measures imposed by India on the following seven products:
Acrylic fibres; Analgin; Potassium permanganate; Paracetamol; Sodium
nitrite; Caustic soda; and Green veneer tape.
According to the request for consultations
from Chinese Taipei, India violates its WTO obligations in a number of
ways, including:
- the rejection of the information provided by exporters without
providing reasons; and the lack of satisfaction as to the accuracy and
reliability of the information provided by the domestic industry;
- the initiation of the investigations and imposition of the
anti-dumping duties, despite no imports of the product concerned from
Chinese Taipei into India during the Period of Investigation, and
despite the insufficiently substantiated petitions for the initiation
on the existence of dumping and injury;
- the lack of correct determination of the normal value and export
price;
- the determination of injury not based on positive evidence or an
objective examination and without examining all injury factors
mentioned by the Anti-Dumping Agreement (ADA); and the determination
of the threat of material injury not on facts but on allegation,
conjecture or remote possibility;
- the lack of demonstration that the dumped imports were causing the
alleged injury; and the failure to ensure that alleged injury caused
by other factors was not attributed to dumping;
- the lack of providing interested parties with the full opportunity
for the defence of their interests; and the lack of informing the
interested parties the essential facts under consideration which form
the basis for the decision;
- provisional measures imposed for more than the period of time
allowed under the ADA;
- the notice of initiation of investigations lacking in all the
grounds that support dumping and injury; and the notice of definitive
findings lacking in all relevant information of facts and law and
reasons which led to the imposition of the anti-dumping measures.
Chinese Taipei considers that these Indian
measures are inconsistent with, inter alia: Article VI:1 and VI:2
of GATT 1994, and Articles 1, 2, 3.1, 3.2, 3.3, 3.4, 3.5, 3.7, 3.8, 4,
5, 6 (including Annex II), 7.4, 12.1 and 12.2 of the ADA.
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